Brooklyn, NY asked in Immigration Law for New York

Q: I am a LPR, and has filled I-130 application for my spouse. My priority date was 11 July 2019, which is passed.

My account keep showing this message "Your benefit request has been accepted and is under review". Current they are processing files for priority date July 19, 2019 according to USCIS website. What should I do?

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2 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: The priority date is established at the time that the FORM I-130 is filed with USCIS. You then have to check this priority date with the Visa Bulletin published by the U.S. State Department to determine when an immigrant visa is available in your visa category (F2A).

Keep in mind that USCIS also publishes a Visa Bulletin on its website which the proper one to follow if your spouse intends to file for adjustment of status with USCIS. Moreover, your spouse must maintain lawful status at the time the FORM I-485 is filed with USCIS.

John Alexander Bates
John Alexander Bates
Answered
  • Immigration Law Lawyer
  • Bridgeport, CT
  • Licensed in New York

A: The online case status messaging is not always current. You need to check your priority date against the priority dates which are being currently processed (deemed current).

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